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Bailiffs seized the salary card
Can a salary card be seized?
The first thing to remember: bailiffs do not have information on which card is a salary card and which is not. They simply search for any accounts of the defendant and block them, writing off the money to the plaintiff's account.
However, the law requires that at least 50% of the received salary remains with the person, and the remaining amount must be greater than or equal to 1 living wage. From this perspective, complete blocking of the card is illegal, although bailiffs can write off money from it, but no more than a certain percentage.
How much can bailiffs withdraw from a salary card?
The maximum amounts allowed for write-off are not established by the state. The main criterion is a percentage of the salary and the remainder, which cannot be less than the living wage. In practice, however, the entire account is often seized, meaning a complete halt to transactions. The client is completely deprived of their salary, which directly contradicts the legislation.
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Features of debt collection
The main feature of such collection is precisely the calculation of the amount that the bailiff service can turn in favor of the plaintiff. And, as a consequence, the impossibility of completely blocking the account. Since the bailiffs do not know that the card is a salary card and simply seize it, the owner must immediately write an application and attach evidence that this card is a salary card and deposits to it are the person's only source of income. The card must be unblocked. The write-off of funds will continue, but they will be in the amount of a portion of the salary, rather than the entire amount received.
How to lift the seizure from a salary card
You should remember the list of cards and accounts that cannot be blocked:
- Cards and accounts to which a person's sole income is credited.
- Cards and accounts to which benefits, pensions, and other social payments are made.
- A card to which alimony is transferred, both from parents and from adult children.
- An account holding maternity capital.
- An account to which money from an insurance company is transferred.
If any of these accounts are frozen, it is illegal, and the owner can request to have them unfrozen. How can this be done?
- Gather a set of documents from your employer. This includes a copy of your work book and a certificate from the accounting department regarding your salary accruals. Check with your bank to find out exactly which documents will be required.
- Contact the bank with your documents and a request to unfreeze the account, as this is a salary card.
- The bank must transfer the data to the Federal Bailiff Service and then unfreeze the account.
There is a high probability that the money already debited by the time the account is unfrozen will be returned to you. However, keep in mind that 50% deductions will still occur.
Can you simply change the card or place of work?
If the debtor opens new accounts that receive funds, the bailiffs will immediately freeze them. Therefore, if we are talking about a new salary card, you will have to go through the entire unfreezing procedure all over again. The exact same applies to a new employer.
The only way to avoid the 50% salary deductions is to negotiate with your employer to receive your salary in cash from the cashier or accountant. According to the law, an employee can choose how they receive funds themselves, so you simply need to find an employer who agrees to pay wages in cash.
Of course, bailiffs will take an interest in such payments, but launching the process of deducting funds from a debtor through an employer takes more time than freezing an account. However, cash wages will also eventually be reduced by 50%.
You can also negotiate debt restructuring with your creditors. This will take more time and require some movement toward a compromise, which not everyone is willing to make. But restructuring is ultimately the method that will allow you to legally reduce deductions and use a larger percentage of your own earned money.
Q&A
Is it possible to completely get rid of bailiffs freezing accounts?
Salary or social cards cannot be frozen, but the debtor cannot escape the freezing of other accounts that do not fall under the exemptions. The only legal option is to negotiate with the creditor.
Which banks can freeze an account or card?
Since the law applies equally to everyone, any bank can freeze a card. Only the timeframe for executing a court order differs, and these differences are insignificant. There is information about people who managed to withdraw funds from their accounts before they were frozen, but these cases are isolated. Choosing a specific bank in this case makes no sense, since the difference in freezing speed is at best 1 day, which is not enough to completely empty accounts if they hold a large sum.
Is it possible to unfreeze an account after filing a complaint against a bailiff?
Yes, it is possible if the card or account was illegally frozen (it is on the list of exceptions that cannot be frozen). If contacting the bank yields no results, the bank client can file a complaint against the bailiff who froze their card and thus achieve unfreezing. If the card or account is not on the list of exceptions, it cannot be unfrozen even after a complaint.
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